VidhiSangh

Supreme Court of India · 15/11/2018

DR. NAGORAO SHIVAJI CHAVAN versus DR. SUNIL PURUSHOTTAM BHAMRE & ORS.

[2018] 14 S.C.R. 380 · 2018 INSC 1062

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Summary

The Supreme Court upheld a civil surgeon’s transfer before completion of the normal three-year tenure. Sections 3 and 4 of Maharashtra’s transfer legislation permitted departure in exceptional circumstances and administrative exigencies; tenure was not an absolute bar. The complaint and inquiry furnished sufficient administrative grounds without the Court finally deciding the disputed misconduct. Tribunal and High Court orders were set aside, and joining at Mumbai within fifteen days was directed.

Issues

  1. Whether the normal three-year statutory tenure absolutely prohibited an earlier transfer.
  2. Whether the circumstances justified this administrative transfer.
  3. What directions were required for compliance.

Provisions considered

Held

Result

Appeal allowed. Tribunal and High Court orders set aside and transfer sustained. Respondent to join at Mumbai within fifteen days and report compliance; State to initiate disciplinary proceedings if he fails to join.

Judgment PDF: Supreme Court of India, [2018] 14 S.C.R. 380.